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The Community Legal Service (Financial) (Amendment No.2) Regulations 2006

S.I. 2006/2363 · Made 28 August 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Legal Services Commission, England and Wales

Made 28th August 2006

Laid before Parliament 1st September 2006

Coming into force 2nd October 2006

The Lord Chancellor, in exercise of the powers conferredf1 by sections 7 and 10 of the Access to Justice Act 1999f2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

The powers were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 S.I.2003/1887 and were transferred back the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 S.I.2005/3429.

f2

1999 c.22. Section 26 defines “regulations” as regulations made by the Lord Chancellor.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transitional Provisions
  3. 3Amendments to the Community Legal Service (Financial) Regulations 2000
  4. 4Amendments to the Community Legal Service (Financial) Regulations 2000
  5. 5Amendments to the Community Legal Service (Financial) Regulations 2000
  6. 6Amendments to the Community Legal Service (Financial) Regulations 2000
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Community Legal Service (Financial) (Amendment No.2) Regulations 2006 and come into force on 2nd October 2006.

(2)

In these Regulations—

(a)

a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 2000f1; and

(b)

words and expressions used in these Regulations have the same meaning as in the Community Legal Service (Financial) Regulations 2000.

2Transitional Provisions

These Regulations apply to applications for funded services, and further assessments under regulation 15, made on or after 2nd October 2006, and applications and further assessments made before that date shall be treated as if these Regulations had not been made.

3Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 2—

(a)

In the definition of “family proceedings”—

(i)

after “Children Act 2002” delete “and”;

(ii)

after “Children Act 2002” insert —

“(gb)

the Civil Partnership Act 2004; and”;

(b)

after the definition of “funded services” insert—

““immigration matter” means any relevant matter as defined in section 82 of the Immigration and Asylum Act 1999;”.

(c)

after the definition of “the Independent Living (1993) Fund” insert—

““the Lord Chancellor’s Authorisation” means the Lord Chancellor’s Authorisation on funding for representation at inquests issued in November 2001 under section 6(8)(b) of the Act, as amended from time to time;”.f1

4Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 4(3)—

(a)

after “provided under section” insert—

“4 or”;

(b)

for the words after “eligible for” substitute —

“(a)

Legal Help in relation to an asylum claim or immigration matter;

(b)

Help at Court and Legal Representation before—

(i)

the Asylum and Immigration Tribunal; and

(ii)

the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002.”.

5Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 5C—

(a)

for paragraph (2) substitute—

“(2)

Where this regulation applies—

(a)

the Commission may, if it considers it equitable to do so, request the Lord Chancellor to disapply the eligibility limits in regulations 5(3), 5(6) and 5A in respect of an application for funding which falls outside the scope of the Lord Chancellor’s Authorisation;

(b)

the Commission may, if it considers it equitable to do so, disapply the eligibility limits in regulations 5(3), 5(6) and 5A in respect of an application for funding which falls within the scope of the Lord Chancellor’s Authorisation”;

(b)

in paragraph (3), after “request” insert “or waiver”;

(c)

in paragraph (4)—

(i)

for “paragraph (2) the Secretary of State” substitute “paragraph (2)(a) the Lord Chancellor”;

(ii)

for “fit” substitute “it equitable”.

6Amendments to the Community Legal Service (Financial) Regulations 2000

In regulation 38—

(a)

in paragraph (9), after “regulation” insert “, except where paragraph (10) applies.”;

(b)

after paragraph (9), add—

“(10)

Where under section 6(8)(b) of the Act the Lord Chancellor authorises the Commission to fund services in relation to an inquest into the death of a member of the immediate family of the client, the Lord Chancellor may, if he considers it equitable to do so, waive part or all of the contributions payable under this regulation.”.

Signature

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State

Department for Constitutional Affairs

28th August 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Financial) Regulations 2000 which govern the financial aspects of the provision of services funded by the Legal Services Commission in civil matters.

These Regulations amend the definition of ‘family proceedings’ to include proceedings under the Civil Partnership Act 2004.

These Regulations increase the range of Legal Help available to those in receipt of certain benefits provided under the Immigration and Asylum Act 1999.

They also transfer the power to disapply certain eligibility limits in relation to applications for funding of services at inquests to the Legal Services Commission in limited circumstances. Also, the power to waive part or all of contributions that may be payable is transferred to the Lord Chancellor in limited circumstances.

A full regulatory impact assessment has not been made for this instrument, as it has no significant impact on the costs of businesses, charities or voluntary bodies.